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Once a default is entered, the defendant is no longer able to file a response or otherwise participate in the case. When the default is entered, you may also ask the court to enter a judgment in your favor.
In California, the entry of default is not automatic. To get the entry of default, the plaintiff must file an application for default judgment with the court clerk. Under certain circumstances, a Code of Civil Procedure section 425.11 statement of damages and a proof of service attached.
File an Application for Entry of Default which includes:Request for Entry of Default (California Judicial Council form CIV-100) with Declaration of Service;Proof of Service of the Summons and Complaint on the Defendant;The Statement of Damages; and.Proof of Service of the Statement of Damages on the Defendant.
Generally, a default allows you to obtain an earlier final hearing to finish your case. Once the default is signed by the clerk, you can request a trial or final hearing in your case. To obtain a default, you will need to complete Motion for Default, Florida Supreme Court Approved Family Law Form 12.922(a).
An entry of default is the first step to obtaining a default judgment against a party, and allows you to proceed in the action without further notice or input from the opposing party. An entry of default can come in two forms, an entry by the clerk or an entry by the judge.